IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


V 


A 


4j 


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^'   V 


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1.0 


I.I 


1.25 


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1.8 


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Photographic 

Sciences 
CorpaHlion 


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23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  873-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  MIcroreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 
D 
D 
D 


n 

D 
D 

D 


Coloured  covers/ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  endommagie 

Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul6e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


D 


Cartes  g6ographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Reli6  avec  d'autres  documents 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serr6e  peut  causer  de  I'omiire  ou  de  la 
distortion  le  long  de  la  marge  int6rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  it6  filmies. 

Additional  comments:,' 
Commentaires  supplAmentaires: 


L'institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atie  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiquds  ci-dessous. 

□   Coloured  pages/ 
Pages  de  couleur 

n    Pages  damaged/ 
Pages  endommagdes 

□    Pages  restored  and/or  laminated/ 
Pages  restaur6es  et/ou  pellicul^es 


X 


Y 


D 


Pages  discoloured,  stained  or  foxed/ 
Pages  d^color^es,  tachet6es  ou  piqu6es 


□Pages  detached/ 
Pages  ddtachdes 


Showthrough/ 
Transparence 


I      I    Quality  of  print  varies/ 


Quality  indgale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  materiel  suppl^mentaire 

Only  edition  available/ 
Seule  Edition  disponible 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  filmAes  it  nouveau  de  fafon  A 
obtenir  la  meilleure  image  possible. 


Th 
to 


Th 
po 
of 
fill 


Or 
be 
th< 
sic 
oti 
fin 
sic 
or 


Th 
sh 
Til 
w» 

Ml 
dif 
en 
be 

"g 
re( 
m< 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmA  au  taux  de  reduction  indiquA  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

aox 

/ 

12X 


16X 


20X 


24X 


ax 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 


L'exemplaire  film*  fut  reproduit  grAce  A  la 
gAnArositi  de: 

Library  Division 

Provincial  Archives  of  British  Columbia 


The  images  appearing  here  are  the  best  «;uality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetA  de  l'exemplaire  film*,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  prmied 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimAe  sont  filmAs  er  commengant 
par  le  premier  plat  et  an  terminant  soit  par  la 
derniAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmis  en  commengant  par  la 
premiAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniire  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^  (meaning  "CON- 
TINUED'I,  or  the  symbol  V  (meaning   "END  "), 
whichever  applies. 


Un  des  symboles  suivants  apparaitra  sur  la 
darnidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — *>  signifie  "A  SUIVRE  ",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartas,  planches,  tableaux,  etc.,  peuvent  dtre 
film6s  d  des  taux  de  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6,  il  est  filmi  A  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  A  oroite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nicessaire.  Les  diagrammes  suivants 
illustrent  la  m^thode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

CoUectiorv 


€ 


L'eliv 


SPEECH 


OF 


ME.  SIMS,  OF  SOUTH  CAKOLIM, 


ON 


I 

I* 


THE  OREGON  QUESTION. 


Lelivercdin  the  House  of  Rcpreseiitatives ,  U.  S.,  February  7, 1846. 


WASHINGTON: 
PRINTED  BY  J.  ifc  G.  S.  GIDEON. 
1846. 


4UVy 

^o  ^-^ 

s'/ 

s 

S  P  E  E  C  H 


Tlio  ffdusfi   being  in  Comniittro  of  tlio  Wiiok-,  nml  having:  iindor  eonsidcraiioii  t!ic  report  and 
rrsolutioHS  of  tlic  Coniniit'ce    on  Forci:rn  Afiairs,  M-itli  tlio  amriidmciK  proposed    liy    tin; 
If     cliairman — 

Mr.  SIMS,  of  South  Carolinii.  ^3u\ : 

Mr.  Chairmw:  Af'trr  :ill  tliiit  has  occurred  in  the  proirrcss  of  this  debate; 
after  the  repeated  thrusts  that  have  been  made  at  the  South  <renerallv.  and  moro 
particularly  at  that  portion  of  it  which  it  is  my  honor  in  part  to  represent,  it  may- 
be expected  of  me  that,  in  the  !"  w  remarks  I  |)ropose  to  make  on  lliis  occasion, 
somethinir  should  be  said  in  its  vindication,  and  that  I  should  indignantlv  hurl 
back  the  poisoned  shai'ts  which  liave  been  aimed  at  mv  constiuients. 

I  resjret  exceedinjrly  that  anythinir  should  have  occurred  in  the  present  discus- 
sion havinir  a  tendency  to  excite  party  or  sectional  feelimrs.  'I'ruth,  and  truth 
only.  <;liould  be  tiie  object  oi'  every  candid  inquirer.  This,  mider  the  guidance 
of  pa:  Uic  motives.  Avill  lead  us  safely  throu(rh  every  emer<iei)cy  of  public  af- 
fairs, /he  peculiar  obstacles  which  beset  our  wav  have  their  oniriii  in  the  in- 
(liilirence  of  passion  and  prejudice.  If  there  be  o!)stac!es  to  the  public  pros- 
perity more  ]K)tent  than  any,  or  all  others,  they  are  excited  an<l  aniny  passions, 
deep-rooted  and  bitter  prejudices.  No  individual  v.ill  easily  find  the  truth  when 
his  path  is  ii(>set  with  all  those  obstacles  which  can  be  [)resented  1)V  these  niightv 
elements  of  error.  'J'lie  commitlee  will,  therefore,  excu.^e  me  iVom  ilie  task  of 
defending  the  South  from  the  imputations  Avhich  liave  licen  so  unsparinirlv  cast 
upon  that  section  of  the  country.  'J'o  those  who  are  ionoiant  of  our  history, 
any  statement  of  mine  would  be  of  small  avail;  to  tho.-e  who  are  acciuaintcd 
with  it.  no  otlu'r  \  indication  is  necessary.  In  the  war  ol'  the  Revohi'i'in,  in  the 
war  of  1812.  at  all  times,  wluMiever  any  emergency  required  their  aid;  when- 
ever ])owev.  either  in  arms  or  intellect,  has  been  re(piire(l  lor  the  service  of  the 
country,  the  conduct  and  cin;iributions  of  the  South  generallv.  and  the  conduct 
and  contributions  of  South  Carolina  parlicrdarlv.  have  been  such  as  to  n(!ed  no 
■vindication  at  my  hands,  either  of  the  State  or  anv  of  her  distimiuisln  d  sons. 
Besides,  it  is  derogatory  to  truth,  lo  patriotism,  and  to  the  disjiiity  of  debate,  to 
seek  to  employ  the  agency  of  passion  and  prejudice  m  a  urcat  subject,  like  this, 
of  int''rnational  concernment.  I  have  learned  a  better  example  even  from  semi- 
harbnrian  Home.  One  of  her  own  historians,  in  the  terse  and  direct  dialect  of 
his  imies.  has  told  us — Jvra:ui:  dinroi'dias,  .siinnltttti's  ruin  hostibua  e.rvrcc- 
bant ;  civm  rmn  c'n'ibus  de  vcrtutc  vprfabant. 

-^    ■:  p  «  j; ,  ..     '      , 


It  was  not  by  mutual  crimination  and  recrimination  that  the  patriotic  Romans, 
in  the  better  and  earlier  days  of  the  republic,  soufi^ht  to  advance  the  public  weal ; 
these  were  reserved  for  their  enemies,  as  a  proper  part  of  the  conduct  of  public 
war;  l)ut  by  the  spirit  of  concord,  and  by  a  '.uble  zeal  and  emulation  in  the  pub- 
lic service  rather,  did  they  strive  for  tiiis  high  aim.  In  this  enlightened  and 
Christian  age  experience  too  sadly  proves  that,  even  in  an  American  Congress, 
on  a  great  national  question,  gentlemen  can  be  found  who  may  profitably  leani 
dictates  of  civil  policy,  and  feelings  of  humanity  itsell',  from  a  semi-barbariaii 
republic.  Truth,  and  the  interest  of  the  country  as  conformed  to  the  principles 
of  irulh  and  right,  are  the  objects  to  which  we  should  look,  rather  than  to  seek 
an  engagement,  in  sectional  or  party  vituperation,  with  the  bowmen  and  slinger;- 
of  party  who  are  wont  to  skirmish  in  our  legislativ  )  assemblies. 

The  proposition  submitted  to  the  committee,  in  the  resolutions  under  conside- 
ration, is — Shall  notice  be  given  to  the  Government  of  Great  Britain  that  the 
convention  of  August,  1827,  between  the  UniU'd  States  and  that  Power,  touch- 
ing tlie  terr'<ory  of  Oregon,  will,  at  the  end  of  twelve  months,  be  abrogated  '. 
In  its  solution  two  questions  must  be  necessarily  decided.  First.  The  constitu- 
tional power  of  the  House  of  Representatives  to  legislate  in  the  matter ;  and, 
secondly,  the  expediency  of  the  measure  proposed.  I  invite  the  attention  of  the 
committee  to  a  brief  and  candid  examination  of  both. 

In  distributing  the  powers  of  the  Fec-leral  Government  among  the  several  de- 
partments, the  framers  of  the  Constitution,  and  the  people  of  the  several  States 
who  ratified  it,  thought  proper  to  confer  the  treaty-making  power  on  the  ExecU' 
tive,  not  absolutely,  however,  but  to  be  exercised  "  by  and  with  the  advice  and 
consent  of  the  Senate,"  two-thirds  of  whose  members  present  are  required  to 
concur. 

It  was  a  mooted  question  in  the  convention  when  the  Constitution  was  framed, 
as  it  still, is  with  text-writers,  whether  the  power  to  make  treaties  is,  in  strict- 
ness, an  Executive  or  a  Legislative  power.  In  the  feudal  monarchies  of  Europe 
the  power  is  generally  lodged  with  the  Executive  ;  in  the  ancient  Democracies 
of  Greece,  and  in  the  modern  republics,  it  has  always  been  claimed  as  a  Legis- 
lative power.  But  in  our  admirably-balanced  Constitution  it  is  divided,  so  a?  to 
be  given  in  part  to  the  Executive,  and  in  part  to  oi;e  branch  of  the  Legislature. 
This  distribution  ot  the  power,  with  the  check  upon  its  exercise  which  it  secures, 
was  made  for  wise  and  prudent  considerations,  looking  as  well  to  the  interests  oi 
the  country  as  to  good  faith  in  the  observance  of  international  compacts. 

Sir,  the  question  recurs,  is  the  propcGcd  notice,  by  which  a  treaty  stipulation 
is  to  be  abrogated,  an  act  which,  according  to  the  Constitution,  pertains  to  the 
legislature,  or  does  it  belong  exclusively  to  the  ireaty-mal  ing  power? 

A  genUeman  from  Ohio,  (Mr.  Thurman,)  made  an  able  and  elaborate  argu- 
ment to  prove  that  it  legitimately  pertains  to  the  legislature;  and  he  cited  author 


tty,  Ix 
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atriotic  Romans, 
he  public  weal ; 
•nduct  of  puhlic 
ition  in  the  pub- 
enlightened  and 
rican  Congress?, 
profitably  learn 
semi-barbariaii 
o  the  principlej- 
lor  than  to  seek 
leii  and  slingers 

5  under  considc- 
Britain  that  the 
t  Power,  touch- 
be  abroffated  '. 
.  The  constitu- 
le  matter ;  and, 
attention  of  the 

the  several  de- 
e  several  States 
•  on  the  Execu 

the  advice  and 
are  required  to 

on  was  framed, 
es  is,  in  strict- 
•hies  of  Europe 
It  Democracies 
3(1  as  a  Legis- 
ivided,  so  a?  to 
he  Legislature, 
hich  it  secures, 
the  interests  ol 
ipacts. 

saty  stipulation 
)ertains  to  the 
er? 

laborate  argu- 
3  cited  author 


rty,  l)oth  from  the  Constitution  and  the  notion  of  Congroi's  h»'retofore,  to  siistain 
his  position.  Ilis  references  I  regard  as  unfortunate  and  inapplicable.  His  first 
reference  was  to  the  sixth  article  of  the  Constitution,  the  second  clause  of  which 
leads.  "  This  ('onslitution,  and  tlie  laws  of  the  United  States  which  shall  be 
made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall  be  made,  under 
the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the  land."  It 
was  contended,  that  because  treaties  are  here  called  laws — supreme  laws  of  the 
lanil — legislation  is  necessary  to  alter  or  abrogate  them;  that,  like  all  otiier  laws, 
ii\c  legislative  power  can  alone  repeal  them.  The  fallacy  of  this  construction  is 
apparent,  if  we  look  either  to  tlie  enormity  of  its  result,  or  to  the  object  of  the 
article  in  the  Constitution.  If,  because  treaties  are  thus  denominated  laws  of  the 
land,  the  legislative  branch  of  the  Covernmcnt  has  power  to  remodel  or  abrogate 
them,  by  the  same  mode  of  interpi'tation,  it  would  have  power  to  modify, 
change,  or  abrogate  the  Constiiution  itself.  Thi^  other  result  must  also  follow, 
iJiat  when  a  treaty  is  once  made  and  ratitied,  and  thus  become  incorporated  into 
tiie  law  of  the  land,  the  treaty-makmg  power  can  no  longer  modify  or  abrogate  it 
by  negotiation,  but  all  subsequent  action,  either  tr»  change  or  abrogate  it,  must 
b«  by  the  legislature.  These  results  are  too  cU^arly  inconsistent  with  the  provi- 
sions of  the  Constiiution,  and  too  enormoua  in  the  concentration  of  power  in 
Congress,  to  be  tolerated  for  a  moment. 

The  object  proposed  in  the  article  quoted  vas  not  to  confer,  directly  or  by 
amplication,  any  additional  power  on  Congress,  but  to  prevent  and  guard  against 
:a  conflict  of  laws,  and  to  secure  good  faith  in  the  execution  of  treaties.  This  is 
•obvious  from  the  concluding  member  of  the  clause  itself,  which  proceeds:  "And 
the  judges  in  every  State  shall, be  bound  thereby,  anything  in  the  constitution  or 
daws  of  any  State  to  the  contrary  notwithstanding."  The  power  cannot  well  be 
located  in  this  part  of  the  Constitution. 

But,  the  gentleman  again  supposes,  that  the  po\ver  may  very  well  be  found  i'l 
that  grant  which  enables  Congress  "to  provide  for  the  common  defence  and 
.general  welfare."  If  this  gives  us  power  to  abrogate  a  treaty,  we  hnve  power 
•under  it  to  do  whatever  else  we  please.  In  18M2,*  the  venerable  genUemanfrom 
Massachusetts,  (Mr.  Ad.vms,)  made  a  long  and  able  report  on  the  subject  of  man- 
ufactures anel  the  taritf;  and  his  argument  in  that  report,  to  show  that  the  power 
4o  protect  domestic  industry  by  duties  on  foreign  merchandise  was  conferred  on 
Oongres.s,  rested  on  that  same  expression  in  the  Constitution.  A  lalitudinous 
construction  like  this  will  give  to  Congress  all  power,  on  all  subjects,  and  will 
clothe  us  willi  the  o>n;iV)tence  cf  t!u!  IJri'ish  Parliamfint,  which  is  said  to  be 
capa!)le  of  everyt!iiii.ir  ,-;i!."  i>''  pl\y,i('al  inipossibiliiies. 

Tlie  luvorite  piu  er  under  ••■'I'e'ii  Congress  is  supposed  to  be  invested  with 
jurisdii'tion  over  tr(;aties,  is  that  <      leelarnig  war. 


*Pvp.  .V().  ■IMl,  lln.  I'cp-'.,  rJ-id  '"(.ngl-rs;).  Lit.  S'; -.'liun. 


There  can  be  no  i1(»\i1jI,  tlu'.t  a  declaration  of  war  lerminatcs  all  treaties  previ-^yp  ^^,^0 
ously  subsistinir  hetwecii  the  helligercnts.      Ii"  Coiiifress  choose  to  abrofrate  trea-jj^  i,e  jo 
ties,  by  an  actual  exercist-  vi  this  power  in  iiiakin«r  a  (lei;laration  of  war,  no  onc,g^p;^_ 
•will  (l(;ny  the  authority,     liut,  short  of  tliis,  it  would  require  a  very  relined  inge-j^y  (.xc 
nuity  to  traei'  the  Icirishitive  competency  of  Con};ress  ou  the  si.hjeet.     'JVealies,,.^     Soi 
constitute   the   convt  iitiunal   Ian  of  nations.     As  a   part  of  public  law  they  are  gan  he 
bin(lin<r  on  the  autuoriiics  ot  the  contractiufr  parlies;  and  being  thus  bindiuff,  for,at  they 
the  purpose  of  secm-ing  i^ood  faith,  they  become  a  part  of  the  numicipal  law  of,j\i  scan 
the  respective  nations,  and  in  this  manner  bindinj^  on  the  citizens  or  subjects  oi   I'jip  tii 
each  country.     So  Um-j  as  a  ircaiy  is  a  part  of  the  public  law,  it  belongs  exclu-[.Qg(.  on 
sively  to  tlu!  treaty-making  power  to  alter  or  abolish  it.     Such  is  the  object  and^^^  iin- 
letter  of  the  Cuustitu'lou,  no  less   tiiaii  the  j)rinciple  of  international  law.     If  a  ^^  licen 
treaty  I)c  violated  by  the  otiier  contracting  party,  and  thus  cease  to  be  binding  as  gggvirv 
public  law,  Congress  n)ay  declare  it  no  longer  biuding,  as  a  part  of  the  munici-  ontciule 
pal  law,  on  the  citizens.     These  are  the  only  contingencies  in  which  Congress,  jot  lie  m 
under  the  Constitution,  cai\   rightfully  interfere  widi   treaties.     By  a  declaration  jje;.,  it\a 
of  war  it  may  abrogate    treaties,  as  (;on?tituting  a  part  of  public  law;   when  the  ]«onirres; 
other  party  has  violated  die  treaty,  or  made  actual  war,  it  may  declare  such  treaty  j^g,^t  «;a\ 
no  longer  binding  on  the  citizens  as  a  part  of  the  municipal  law.  ^^  and 

It  is  not  proi)os('d  to  declare  war  against  Great  Britain,  nor  is  it  pietended  ,(jylf>ar 
that  the  treaty  stipulations  between  the  United  States  and  that  power  have  been  ^q^  j|„.  ( 
violated.  IIow,  then,  can  Congress,  under  the  war-making  power,  have  author-  public  o 
ity  to  give  the  ])roposed  notice,  in  abrogation  of  the  treaty  ?  The  error  arises  ^^j^jj  jj^^  , 
from  a  misapprehension  of  the  distinct  attributes  of  the  diflerent  departments  of  ffjje  , 
the  Government.  In  itY/r,  quasi  or  actual,  the  legislature  controls  treaties:  in  1^1798 
ce,  the  treaty-making  power  alone  makes,  alters,  or  abolishes  them.  ^gi^e  ah 

It  is  further  contended,  however,  that  Congress  has  a  right  to  abrogate  any  jjj  ^Q\n\ 
treaty,  when  its  eilects  are  found  to  be  so  disastrous  as  to  direaten  the  public  in-  gfances 
tercsts,  and  to  make  even  war  preferable  to  a  longer  continuance  of  die  evil.  'i\^q 

When  treaties  become  thus  disastrous  to  die  public  weal,  they  ought  to  be  ab-  ^le.  in 
rogated;  and,  if  tiie  other  contracting  party  refuse,  by  negotiation,  to  modify  or  ^^q\  ^i 
abolish  them,  there  arises  a  good  cause  of  war.  But  if  Congress,  without  a  de-  A.mons 
claration  of  war,  uuder  these  circumstances,  should  undertake  to  declare  them  interes 
void,  I  have  much  misunderstood  bodi  the  integrity  and  the  intelligence  of  our  ^y^g^  ^ 
judiciary,  il  all  questions  arising  under  such  treaties  would  not  be  adjudged  in  ^^ased 
reference  to  the  validity  of  the  treaties,  notwithstanding  the  act  of  Congress.  Conor 
The  only  ground  on  which  the  action  of  Congress,  in  such  a  case,  could  be  direcK 
justitied,  would  be,  notyjfr  car/am.  but  supra  curiam — the  necessity  of  the  pub-  .(bat  p 
lie  iniercst^s  for  the  time,  setting  aside  the  public  faith,  and,  by  giving  a  casus     -Franc 

hcui  10  the  oilier  j);ir;y,  to  be  used  or  not  at  its  discretion,  Congress  would  make      

war,  though  it  did  not  dtdare  it.     Sir,  I  v-U  noM-  review  die  precedents  which         *^'^ 


previ-^yp  arisen  in  the  [iistory  of  ourrountry  on  this  subject  ;  and,  it'  I  mistake  not.  they 

'       fi'  f-    rea-jji  [,g  ^'Q^^f^^\  tQ  conform  to  the  statement  of  elementary  principles   as  above  stig- 

'  ^^  ""^'iste;!.     It  is  to  be  rcfrretted  that  all  the  precedents  were  made  in  times  of  high 

*     "'^*^'irty  excitement,  and  are  therefore  sul>jeci  to   the  suspicion  of  interminirled  er- 

reaties,j.^     Some  of  ihem,  however,  have  been  quoted  on  the  other  side;   if,  therefore, 

■i\v    le}  are  ^g,,  f,f.  ghown  that  ihey  are  inapplicable  to  the  question  under  consideration,  or 

-    nn  uiff,  i(»r,at  t),gy  prove   the    neuation   of  legislative  power  in   Congress,  their  authority 

"icipal  law  oi^jii  scarcely  be  ciucstioned. 

jects  01   fj'i^p  (-jpst  controversy  between  the  Executive  and  Conffress  on  this  subject 

U-    exclu-pQg(.  Q,j   jfjy'ij   treaty.     It  was  then  contended,  and   by  the   Republican  party, 

'J  <t  !"nl  jjj  jIij,  j£q„sp  ,^f  Itt'presentativos  was  not  bound   to  carry  out   a   treaty  which 

■     ^*  '•  ad  been  m..dc  and  ratiticd   by  the  President  and  Senate.      W  henever  it  was  ne- 

ig  'i'^  essary  to  call  on  the  House  to  make  appropriations   to  execute  a  treaty,  it  was 

inici-  ontciuled  that  the  whole  matter  was  op(:n.  and  an  appropriation  might  or  might 

ongiess,  jjj4  |,(,  fiiadc,  at  the  discretion  of  the  House.     Tliis   doctrine    .s   at  war  with  tlie 

ec  aiation  jg.,^  il^.^t  ^^  treaty  properly  made  is   the  supreme  law  of  the  land;   and.  in  1810, 

'  '^      *^  Domrress,  if  not  in  form,  certainly  in  substance,  reversed   this  decision.     .Iiulge 

"^^'^^iient  says,  commenting  on  this  matter :     '•  The  argument  in  favor  of  the  bind- 

ng  and  conclusive   efficacy  of  any  treaty  made   by  the  President  and  Senate  is 


IS  it  pretended 
iver  have  been 
>  have  author- 
ic  error  arises 
epartments  of 
s   treaties;  in  • 


em. 


abrogate  any 
the  public  in- 
the  evil. 


iodear  and  palpable,  that  it  has  probably  carried  very  general  conviction  through- 
out the  community,  and  this  may  now  be  considered  as  the  decided  sense  of 
public  opinicm.  This  was  the  sense  of  the  House  of  Representatives,  in  1816, 
and  the  resolution  of  1796  would  not  now  be  repeated."     1  Kent.  Com..  287. 

The  next  instance  of  legislative  interl'erence,  on  the  subject  of  treaties,  was 
in  1798,  when  Congress  declared  by  a  soiemn  act  that  our  treaties  with  France 
were  abrogated.  This  has  been  relied  on.  before  the  committee,  as  an  instance 
in  point,  to  prove  the  authority  of  Congress.  A  careful  review  of  the  circum- 
stances will  most  fully  show  the  reverse. 

The  bill  which  originated  in  the  Senate  was  accompanied  with  a  long  pream- 

ble.  in  which  was  fully  set  forth  the  acts  of  flagrant  bad   faith,  not  to  sav  of  ac- 

y  ^^  tual  war,  which  had  been  perpetrated  by  France  against   the   United   States. 

^  Among  other  things,  that  preamble  recites,  that,  "  whereas,  a  regard  to  national 

lem    interests  recpiires  (and  the  principles  of  the  law  of  nations  justify  the  measure) 

'  ^"^    that  when  one   party  to   a  solemn  compact  openly  violates  it,  the  other  is  re- 

J     geu  in.    i^agpd  jrom  all  its  ol)ligations."  "^  It  is  clear  that  the  authority  here  exercised  by 

ngress»    Congress  was  a  municipal  declaration  only  to  the  citizens  of  the  United  States,. 

'  ^^'"'^  "^     directory  of  their  duties  and  rights  in  the  premises,  in  view  of  the  abrogation  of 

P     '     that  part  of  the  public  law  depending  on  convention,  which   had  been  made  by 

g  a  casus     Prance.     Congress  did  not  assume  to  abrogate  the  treaties  as   a  part  of  public 

^•ould  make      

JcntS  which  *  i'""^^''!''"'-'  Gazour,  June  2.'.,  M'Jf^. 


8 


law  ;  but,  finding  it  already  violated  and  void,  it  declared  the  citizen  no  loni 
bound  by  it. 

Those  who  arc  at  all  acquainted  with  the  history  of  that  period,  will  recoil 
that  groat  causes  of  offence  to  our  country  had  been  given  by  France;  all  dip 
matic  interco\irse  was  refused;  our  Ministers  were  not  only  not  received,  but  M( 
actually  insulted  by  the  French  authorities;  our  commerce  was  subjected  to  s| 
liation,  and  every  act  which  could  mark  a  state  of  hostilities,  with  the  single  ( 
ception  of  a  formal  declaration  of  war,  was  perpetrated.     In  this  state  of  thine 
Congress  assembled.     Measures  were  recommended  and  adopted  to  defend  t 
country  in  this  emergency— in  this  war.     It  was  actual  war,  though,  in  the  la 
guage  of  the  times,  it  was  denominated  a  quasi  war — for  no  othei'  reason,  I  a 
pvehend,  but  l)ecause  hostilities  had  not  been  preceded  by  a  public  manifesto 
declaration  of  war,  which,  though  usual  in  modern  times,  is  not  necessarily 
prerequisite. 

Among  the  measures   adopted,  was,  not  only  the  abrogation  of  the  trealit 
previously  subsisting  between  the  two  countries — not  only  the  interdicting  of  a 
commercial  intercourse  between  the  citizens  of  the  tAVO  countries — not  only 
declaration  of  intention  to  treat  with  rigor  such   French  citizens  as  might  b 
made  prisoners,  unless  the  insults  and  injuries  upon  American  citizens  shoul 
be  discontinued — but  also  the  appointment  of  Gen.  Washington  to  the  con 
mand  of  the  army,  together  with  active  military  preparations  of  all  kinds.    Thi 
■was  war.     If  France  had  made  a  formal  declaration  of  war,  all  treaties  woul 
have  been  at  an  end,  and  the  relative  rights  and  duties  of  our  citizens  woul 
have  been  defined.     But  acts  of  war  equally  ended  the  treaties  without  a  forms 
declaration,  however  the  rights  and  duties  of  the  citizen  were  left  in  ambiguity 
It  was  therefore  necessary  for  Congress  to  act  in  the  matter,  in  order  that  ambi 
guity  should  be  removed;   and  the  action  was  justified  on   the  principle  of  war 

But,  sir,  even  in  this  condition  of  affairs,  the  Republican  party  of  those  time; 
refused  their  assent  to  the  abrogation  of  the  French  treaties.  In  Congress,  thi 
power  and  expediency  of  the  measure  was  denied  by  Tazewell  and  Mason,  o; 
Virginia,  then  the  able  Senators  from  that  State;  by  Macon  and  Giles,  and  Gal 
latin  and  Edward  Livingston  ;  in  a  word,  by  all  the  Republican  members  of  the 
House  of  Representatives.     The  vote  of  the  whole  party  is  recorded  against  it.' 

Before  gentlemen  can  claim  this  as  an  apt  precedent  for  the  justification  ol 
legislative  action  in  the  present  case,  they  should  shew  that  Great  Britain 
has  violated  lier  treaty-faith,  or  has  committed  su(  h  acts  of  hostility  as  put  an 
end  to  our  treaties  with  her  as  a  part  of  the  public  law.  I  believe  nothing  of  this 
kind  is  pretended.  It  is  said,  however,  that  as  the  convention  provides  for  the 
notice,  the  case  stands  on  the;  same  footing  as  if  Great  Britain  had,  by  an  act  ol 
hostility  or  bad  faith,  made  it  void;   tliat  the  giving  id'  notice  rcciuircs  no  negotia- 


'!r;ee  Senate  Jounuil,  17'J8,  p.  517;  IIou.se  Journal.  1798,  p.  374. 


9 


e  citizen  no  Ion. 

oriod,  will  recoil. 

■  France;  all  dip 
received,  but  wt 
s  subjected  to  s| 
with  the  sinifle  . 
his  state  of  thinj. 
pted  to  defend  t 
liougli,  in  the  la 
other  reason,  I  a 
ublic  manifesto 
not  necessarily 

»n  of  the  treati. 
interdicting'  of  ;i 
itries — not  only 
:ens  as  might  1 
fi  citizens  shoul 
^ton  to  the  con 
all  kinds.  Thi 
iH  treaties  woul 
r  citizens  wou, 
without  a  forma 
'ft  in  ambiguity 
order  that  ambi 
'rinciple  of  war 
y  of  those  time 
1  Congress,  the 
^  and  Mason,  oi 
Oiles,  and  Gaj. 
members  of  the 
•ded  against  it.' 
i  justification  01 

■  threat  Britain 
utility  as  put  an 

nothing  of  ihis 
(rovides  for  the 
>',  I'y  an  act  o( 
res  no  negotia- 


tion, and  ran  only  be  properly  ordered  !)y  Congress,  Tlii«,  I  understand,  to  be 
the  principle  of  the  argument  wliirli  deduces  the  power  from  the  right  of  making 
war.  A  very  brief  statement  of  the  facts  fully  exposes  tho  difference  in  the 
cases.  Notwitlistandiug  the  notice  be  given,  still  the  convention  is  to  continue 
in  force  for  the  twelve  months  pending  notice,  as  a  part  of  the  public  law.  Con- 
gress is  assumlnt:  to  repeal  a  part  of  tlie  public  law,  not  a  void  treaty,  no  longer 
biiuling  as  part  of  the  municipal  law.  The  pacific  relations  of  the  two  countries 
are  to  be  continued,  existing  treaties  to  be  observed,  except  as  modified  by  this 
notice. 

Is  not  the  notice,  therefore,  in  the  nature  of  a  negotiation  to  modify  existing 
treaties  ?  Were  the  notice  not  provided  for  in  the  convention  itself,  negotiation 
would  be  the  only  peaceful  mode  by  which  the  convention  could  be  terminated, 
in  which  the  consent  of  each  of  the  contracting  parties  would  be  necessary.  Its 
being  provided  for  varies  the  case  only  so  far,  that  the  consent  of  one  party  to 
tlie  abrogation  is  pledged  whenever  the  other  party,  upon  tw(!lve  months'  notice, 
shall  require  it.  Clenrl)  this  is  negotiation,  and  belongs  to  the  treaty-making 
power,  because  it,  in  tact,  makes  a  new  treaty  with  Great  Britain. 

Until  within  a  recent  period,  sucli  seems  to  Inve  been  the  opinion  entertained. 
Such  certainly  was  the  opinion  so  late  as  the  first  session  of  the  last  Congress. 
The  Committee  on  Territories,  at  the  head  of  'vhich  was  a  learned  and  distin- 
guished jurist,  since  Governor  of  Tetmessee,  ut  that  session,  in  their  report  ac- 
companying a  biil  to  organize  some  system  of  law  in  Oregon,  hold  this  language 
in  reference  to  the  proper  department  of  the  Government  to  give  this  notice  : 
"Any  possible  inconveniences  arising  from  the  continuance  of  the  ,  onvention  of 
1827,  not  now  anticipated  by  the  committee,  can,  and  doubtless  will,  be  looked 
to  by  the  Executive,  who  can  at  any  time  abrogate  the  same,  by  giving  the  no- 
tice contemplated  in  it.  The  giving  of  that  notice,  being  a  matter  of  treaty  sti- 
pulation, belongs,  periiaps,  exclusively  to  the  Executive,  on  whose  province 
there  is  no  occasion,  and  tlie  committee  have  no  inclination,  to  iutiude."* 

Many  reasons  might  be  given  why,  so  long  as  a  treaty  is  suffered  to  continue, 
questions  respecting  negotiation  should  not  be  agitated  by  this  House.  Throw- 
ing such  questions  before  the  people,  through  the  discussions  here,  converts  the 
people  and  the  House  of  Representatives  into  negotiators  in  derogation  of  the 
Constitution,  and  in  derogation  of  the  rights  and  duties  of  the  Executive  and 
Senate,  to  whom  such  delicate  and  often  complicated  matters  are  wisely  sub- 
mitted. 

Wliile  tlicso  are  mv  opiiiioTis  as  to  tiie  authority  of  this  House  to  pass  this  re- 
solution of  iiolicc,  I  liavc  ;is  litilo  doubt  that,  as  an  advisory  act,  we  may  .speak 
the  'oico  of  t!ie  ],,  nplc.  Wi;  may  give  sucli  ;'.dvice,  or  v/e  may  witlihold  it.  We 
?nay  say  to  tii(>  Exv  :iiUve,  if  you  so  conduct  tl'C  importiuit  n)atlers  committed  to 


*  Rep.  No.  31IH,  I  Seta  118  Con^.,  p.  5.     Vol.  1,  Rep.  Cong.,  I  Scad.  28  Cong. 


10 


you  as  to  continue  this  treaty,  it  will  or  will  not  be  wise  and  prudent ;  and  if  you 
abrogate  it,  it  will  or  will  not  be  acceptable,  in  our  opinion,  to  those  whom  we 
represent.  Such  has  uniformly  been  the  practice  of  the  House.  During  the  first 
two  Administrations,  it  was  customary  to  vote  a  response,  in  the  House,  to  the 
annual  messaire  of  the  Executive  ;  and,  thoujrii  this  practice  afterwards  fell  into 
disuse,  the  House  has  never  failed  to  give  an  expression  of  opinion,  by  way  of 
advice  or  answer,  whenever  a  suitable  occasion  seemed  to  demand  it.  But  1 
protest  against  the  attempt  on  the  part  of  the  House  to  abrogate  a  treaty  l)y  le- 
jjislation,  unless  it  shall  Hrst  bo  shown  that  a  violation  of  the  treaty  has  been 
committed  by  the  other  party;  or,  when  its  observance  is  so  ruinous  that  war  it- 
.self  would  be  j)refcrable.  Tiien,  under  the  power  to  make  war,  Congress  may 
periiaps  assume  the  responsibility  of  the  abrogation,  because  we  would  thereby 
make  war  by  presenting  a  casus  belli  to  the  other  party. 

All  the  resolutions  which  have  been  submitted,  whetiier  original  or  those  pro- 
posed as  amendments,  except  those  presented  l)y  my  colleague,  (.Mr.  Black,) 
propose  legislative  action.  In  form,  they  assume  to  confer  audiority,  and  im- 
pose the  duty,  on  the  Executive  to  give  the  notice.  'They  pre-suppose  a  want 
of  power  in  the  President  and  Senate  to  give  this  notice.  With  these  views, 
Avere  I  to  concur  in  the  expediency  of  the  measure,  still  I  would  be  unable  to 
vote  for  any  of  the  resolutions  before  the  committee,  except  those  of  my  col- 
league. 

I  will  now  invite  the  attention  of  the  committpc  to  the  second  proposition — 
the  enquiry  as  to  the  expediency  of  the  measure.  With  all  the  patience  and  can- 
dor, and  diligence  of  research,  which  the  importance  of  the  sui)iecl  merits,  and 
under  a  full  sense  of  the  responsibility  of  my  situation,  I  have  labored,  since  the 
commencement  of  the  session,  to  examine  the  subject  in  strict  reference  to  my 
own  duty  and  the  good  of  the  country.  When  a  question  arises  between  the 
XJnited  States  and  (Jreat  Britain,  I  am  always  under  the  necessity  of  schooling 
myself  beiore  I  approach  its  examination.  National  prejudices  are  probably  as 
unphilosophical  as  anti-christian  ;  yet,  under  long  and  continued  causes  of  irri- 
tat'on,  diey  are  not  easily  sul>dued  nor  readily  disregarded.  1  confess  there  is 
an  hereditary  hate  which  still  lingers,  not  only  in  my  own  breast,  but  also  in  the 
breasts  of  hundreds  of  my  constituents,  against  the  British  nation.  In  the  war 
of  the  Revolution,  my  entire  congressional  district  was  an  extended  battle-tield. 
From  Georgetown  to  Cheraw,  not  a  neighborhood,  and  scarcely  a  family  man- 
sion, was  without  its  incident  of  danger  and  distress.  In  the  swamps  and  in 
the  open  plain,  by  the  household  altars  and  firesides,  in  the  presence  and  under 
the  encouragement,  mingled  with  trepidation,  of  wives  and  children,  there  were 
deadly  strifes  between  the  subjects  of  that  power  and  the  ancestors  of  those 
whom  I  li-iv^^  till!  Honor  U>  represent.  Under  Marion,  and  Kail),  and  Conway, 
«nd  Thomas,  and  hundreds  more,  whose  militarv  ^Icc'  ■  -.voii'd  add  luslre  to  the 


pages 
with  s 
all   fo) 

achie\ 


11 


tilt;  and  if  you 
liosc  wlioin  wo 
Ihmug  the  iirsi 
House,  to  the 
wards  fell  into 
ion,  by  way  of 
:ind   it.     liut  1 
a  treaty  by  le- 
realy  ]ias  been 
lis  that  war  it- 
Conjrress  may 
would  thereby 

1  or  lliosc  pro- 
(Mr.  Ulack,) 
ority,  and  ini- 
ippose  a  want 
1  these  views, 
he   unable   to 
se  of  my  col- 
proposition — 
enee  and  can- 
ct  merits,  and 
red,  since  the 
erencc  to  my 
between  the 
of  schooling 
3  probably  as 
auses  of  irri- 
ifess  there  is 
ut  also  in  the 
In  the  war 
I  battle-tield. 
family  man- 
amps  and  ill 
e  and  under 
,  there  wore 
»rs  of  those 
»d  Conway, 
lustre  to  the 


pages  of  the  history  of  any  people,  tho  glorious  war  of  freedom  was  waged 
with  sangumary  and  various  success.  With  the  exception  of  Marion,  they  have 
all  iound  tlic  grave   of  historic  oblivion,   for  want  of  writers  to  record   their 

achievements — 

"Tiipy  li;;il  no  pod — ami  ilii'V  ilii;il.'' 

Rut  the  interesting  iamily  legends  of  the  region  preserve  a  pious  record  of 
their  services  and  sull'crings.  and  perpetuate,  almost  in  detiance  of  our  religion, 
the  name  of  Briton  as  synonimous  with  enemy.  Subsequent  causes  of  irrita- 
tion have  been  multiplied  in  the  taunts  and  oifensive  policy  of  our  ancient  foe, 
which  have  provokctl  a  love  for  our  prejudices,  despite  the  persuasion  of  our 
interest,  or  the  sweet  suggestions  of  cliarity  to  a  better  feeling. 

Sir,  we  iully  appreciate  the  evils  of  war,  and  its  more  tha,i  ordinary  horrors, 
when  waged  by  such  stern  and  powerful  belligerents  as  the  Fnited  Stales  and 
Great  IJritain  would  be.  Tlie  sacrifice  of  life  and  treasure,  the  stagnation  of 
business  and  enterprize,  the  suspension  of  all  improvements  in  t!u;  face  of  the 
country  and  the  arts  of  life,  the  sutferings  of  individuals  and  the  distress  in  fami- 
lies, which  tiie  cruelties  of  war  necessarily  indict,  the  destruction  of  property, 
both  [lublic  and  private,  the  malign  iidluence  upoii  tiie  morals,  i)oUi  of  the  citi- 
zens and  tlic  Ciovernment,  are  some  of  tiiose  evils.  I  turn  away  iVom  a  descrip- 
tion of  its  horrors.  Tiie  glories  of  the  batlle-field  are  w^on  amid  the  legalized 
cruelties  of  butchery,  and  the  laws  of  civilized  warfare  but  feebly  control  the  ex- 
cesses of  passion,  or  ilie  wild  brutality  of  an  excited  sol(li(!ry.  In  full  view  of 
its  iiggravated  evils,  however,  wlien  the  (iovermrient  of  the  country  shall  iind  a 
War  necessary  and  just,  and  sh  ill  summon  the  citizens  to  tlu?  defence  of  our 
rigliis  or  honor,  notwidistanding  the  taunts  which  have  been  so  gratuitouslv  cast 
upon  South  (/arolina  in  this  debate,  her  people  wdlbe  fouiul  among  the  foremost 
in  the  light — roused  to  the  fanali(;isni  of  patriotism  and  valor  by  a  recollection  of 
their  leathers'  deeds  in  arms,  ami  by  a  natural  zeal  to  avenge  every  wrong  and 
insult  which  Great  Britain,  in  fact  or  seemingly,  has,  from  first  to  last,  ever  of- 
fered us.  But,  sir,  we  would  not  provoke,  nor  do  we  desire,  an  unjust  war.  I 
will.  th(!refore,  always  look  narrowly  at  the  cause  of  war,  and  especially  at 
every  question  of  controversy  between  us  and  Cireat  Britain.  It  is  due  to  our- 
selves, no  less  than  to  odiers,  to  be  just. 

It  is  with  such  feelings  that  1  have  looked  into  this  iiuestion  of  expediency. 
Is  it  exoedient  that  this  convention  for  the  joint  occupation  of  Oregon  should  be 
now  Krminated  ?  There  was  a  lime  when  its  continuance  was  wise  and  proper; 
and,  ii)  my  judgment,  it  would  siill  be  so  but  lor  supervening  causes,  which 
have  recently,  within  the  last  few  years,  been  thrown  in,  and  are  daily  becom- 
ing more  powerful,  and  whiidi  make  the  <'oiilinuance  of  the  convention  unwise 
and  ilancrerous.  1  will  stale  brielly  the  reasons  lor  the  abrogation  of  the  eon- 
veniion. 


12 


1.  The  honor  of  the  country  requires  it. — National  honor  is  no  empty  ban- 
ble  or  idle  fancy.  It  is  one  of  the  great  elements  of  national  wealth  and  defence ; 
just  as  much  so  as  the  funds  in  the  treasury,  or  the  hardy  population  which 
treads  your  soil.  It  defends  the  citizen  wherever  he  goes,  both  in  person  and 
property,  and  is  as  potential  in  its  influence  on  the  interests  of  a  country  as  any 
other  element  of  wealth  or  defence.  I',  may  be  tarnished,  not  only  by  submis- 
sion to  injuries  and  insults  from  abroad,  but  equally  by  a  neglect  of  the  duties  of 
justice  and  protection  to  the  citizens  at  home.  No  duty  of  the  Government  is 
more  plain  than  that  of  protection  to  the  citizens  by  the  proper  exercise  of  regu- 
lar authority,  and  the  due  administration  of  law  in  its  various  functions  and  ofii- 
ces.  The  citizens  in  every  part  of  the  republic  have  equally  the  right  of  being 
protected;  and  no  arrangement  of  the  Government  with  a  foreign  nation,  of 
which  it  can  disentangle  itself,  can  honorary  continue,  which  ties  the  hands  of 
the  Government,  and  limits  its  abilit)'  to  give  that  protection  and  care  to  a  portion 
of  its  citizens,  which  is  the  birthright  of  all,  and  which  is  granted  to  all. 

Distinguished  statesmen  have  doubted,  some  liave  denied,  our  authority  to  ex- 
tend the  laws  of  the  United  States  over  Oregon  pending  the  convention  of  1827. 
All  admit  that  we  are  not  free  to  act  as  fully  in  thifc  matter  as  we  might  do  if  the 
convention  were  abrogated.  In  the  last  year  or  two,  our  citizens,  with  their 
wives  and  children,  have  passed  into  Oregon.  It  is  said  that  a  population  of 
eight  thousand  souls  are  now  there,  and  that  the  number  is  constantly  increas- 
ing. Their  petitions  have  come  up  to  us,  asking  for  the  protection  of  Govern- 
ment and  law.  Can  we  disregard  their  prayer?  Ought  we  not  to  grant  it  ? 
And,  if  so,  can  we  honorably  grant  it  in  stinted  measure,  graduated  by  nice  con- 
structions and  embarrassing  stipulations  of  a  treaty  with  (Jreat  Britain  which  we 
liave  the  power,  by  compact,  to  annul?  Ought  we  .not  to  be  as  free  to  protect 
Oregon  as  Iowa  or  Wisconsin?  AVhen  we  had  only  a  transient  population  of 
hunters  and  traders  in  the  territory,  the  convention  might  well  enough  continue; 
now  that  we  have  a  permanent  population  of  settlers,  requiring  the  establishment 
and  administration  of  regular  government,  the  honor  of  the  country  demands  its 
abrogation. 

2.  The  interest  of  the  country  rdiuires  it. — Can  it  be  expected  that  the  com- 
merce and  business  of  the  country  will  prosper;  or,  that  the  pursuits  of  industry 
and  the  investment  of  capital  in  plans  of  improvement  or  enterprise  will  pre- 
serve their  accustomed  activity  under  the  uncertainty  and  threatened  hazards 
of  .iip  existing  state  of  things?  The  public  mind  is  pcrphwed,  and  men  of  busi- 
ness and  capital  arc  measurably  paralized  in  th(;ir  p!;\ns  and  operations.  All 
classes  of  our  citizen.-^  are  uneasy  and  disquieted.  Without  a  spciidy  settlement  of 
our  causes  of  did'erence  with  Great  TJritain,  these  douhls  and  disquietudes  will 
increase  wiili  the  in''roa3ingl)ilt"rncss  and  irritation  of  the  prolonged  controversy. 


The  not 
upon  bo 


|o  empty  ban- 
and  defence ; 
ilation  whicli 
n  person  and 
""try  as  any 
y  l^y  submis- 
iJie  duties  of 
overnment  is 
rcise  of  regu- 
ions  and  offi- 
^iglit  of  being 
;n  nation,  of 
tlie  hands  of 
P  to  a  portion 
to  all. 

'lority  to  ex- 
tion  of  1827. 
ightdo  if  the 
s»  with  their 
population  of 
ntly  increas- 
'1  of  Govern- 
to  grant  it? 
I)y  nice  con- 
in  which  we 
s  to  protect 
apulation  of 
li  continue; 
tablishinent 
Jemands  its 

at  tlie  com- 
of  industry 
5  will  pre- 
'd  hazards 
PI  of  busi- 
ions.     All 
"loincntof 
tudcs  will 
itroveray. 


13 

The  notice  to  abrogate  the  convention  will  accelerate  negotiations,  by  forcing 
upon  both  parties  the  necessity  of  terminating  and  adjusting  the  whole  matter. 

3.  The  preservation  of  peace  requires  it. — To  those  who  reflect  how  rapidly 
international  diU'erence?,  when  actively  canvassed,  engender  and  imbitter  the 
prejudices  and  enmilics  of  the  respective  citizens  and  subjects  of  the  nations  dis- 
putant, and  liow,  after  a  short  time,  the  charms  of  peace  are  forgotten,  and  the 
evils  of  war  no  longer  dreaded,  under  the  angry  impulses  and  strbborn  pride 
of  aroused  patriotism  and  military  enthusiasm  incident  to  a  protracted  controver- 
sy of  this  kind,  scarcely  a  word  is  necessary  in  illustration  of  this  proposition. 
Look  to  the  history  of  the  day  touching  this  matter.  Two  years  ago,  yes,  sir,  a 
year  ago,  the  whole  matter  was  capable  of  satisfactory  arrangement,  in  conform- 
ity with  the  offer  of  adjustment  and  settlement  proposed  by  the  President.  Such 
an  arrangement  would  have  given  almost  universal  satisfaction  in  the  United 
States.  Now,  under  the  heat  of  discussion,  as  well  here  as  in  the  country,  many 
are  opposed  to  that  basis  of  adjustment,  and  would  prefer  war  even  to  it.  The 
longer  the  controversy  is  kept  open,  die  more  prevalent  will  become  this  opin- 
ion, and  so  much  the  more  will  be  diminished  the  chances  of  an  amicable  ar- 
rangement.    Delay  is  dangerous. 

If  the  American  citizens  and  Uritish  subjects  in  Oregon  should  escape  a  colli- 
sion, which  is  not  to  be  expected,  in  the  state  of  the  public  mind,  and  amid  the 
causes  and  occasions  of  irritation,  resulting  from  their  proximity  and  intercourse 
with  each  other  in  that  distant  region  ;  more  especially,  too,  when  dieir  hardy 
and  fearless  character  for  adventure,  an  pioneers,  is  remembered;  it  will  be  al- 
most impossible  to  keep  the  question  without  the  vortex  of  politics  within  the 
►States;  it  will  be  made  a  political  hobby  ;  parties  will  either  divide  upon  it,  or, 
instructed  by  the  disasters  of  opposition  to  Texas,  will  vie  with  each  other  in 
making  bold  and  extreme  demands  on  Great  Britain.  Thrown  into  the  strifes 
of  our  election,  it  will  no  longer  be  a  question  of  negotiation.  Our  demands,  as 
supposed  lo  have  been  ascertained  and  fixed  by  the  result  in  the  popular  vote, 
must  be  literallv  recognised  and  granted  by  Great  Britain,  or  war  is  inevitable. 
In  the  mean  time,  the  same  state  of  things  will  be  growing  up  in  England. 
Neither  party  will  recede.  It  will  be  made  a  point  of  honor  between  the  na- 
tions, wliicii  the  sword  only  can  atljUst. 

4.  The  preservation  of  Oregon  reqiiires  it. — Sir,  who  remembers  not  the 
caustic  rebuke  with  which  Lord  ('hatham  scowled  down  that  fawning  royalist, 
Townsend,  in  the  British  Parliament,  when,  in  one  of  his  tirades  against  the 
Ameri:an  colonies,  he  urged  the  right  of  Parliament  to  levy  contributions  on 
ihem,  in  consideration  of  the  kindness  of  the  (lovernmcnt  of  Great  Britain  in 
planting  them  in  America,  and  taking  care  of  them  until  they  had  grown  up  to 
strength  and  power.  With  that  contemptuous  majesty  of  mien  which  truth  only 
can  inspire  whcMi  offended  by  the  pnjsence  of  injustice  and  falsehood,  and 
which  no  one  ever  wore  with  a  prouder  or  more  becoming  port  than  the  great 


14 


statesman  of  England,  no  sooner  had  Townscnil   made   the   assertion   than  hi 
cclmed  back  lii.s   words,  and   indignanUy  replied:   "Your  oppressions  plantei 
thf^ni  there.     'J^hey  have  (rrown  by  your  negU'ct."     May  not,  hereafter,  soiii. 
citizen  of  this  Itt^publie  beyond  the  Rocky  Mountains,  some  rural  Pitt  beyom 
those  stony  elills,  burning  Avith  a  sense  of  our  injustice  towards   that  portion  o 
the  country,  turn  upon  u«  tlie  like  withering  rebuke?     May  he   not  say,  truly, 
we  "have  grown  by  your  neglect;"   we  have  increased  in  power  without  yoii' 
aid  ;  we  have  defended  ourselves  without  your  protection  ;  we  are  freemen,  an,, 
independent  of  all  the  world  ;  you  cast  us  oiY  in  our  infancy,  now  learn  to  dreaii 
our  manliood  ? 

I  have  already  said,  tliat,  so  long  as  the  convention  continues,  we  cannot  give 
full  ])rotection  and  aid  to  Oregon.  Injustice  on  our  part  may  well  teach  the  set- 
tlers there  to  dream  of  independence  and  a  separate  government.  To  be  thr 
Homulus  of  an  empire,  the  founder  of  a  great  people  on  that  far-distant  Ausoniai! 
shore,  would  b^  no  small  temptation  or  uncnvied  glory  to  an  ambitious  man. 
(Jreat  lirilain  would,  perhaps,  be  not  unfriendly  lo  such  a  design.  If,  then,  w(; 
would  not  multiply  diHicuhies  in  our  own  way.  or  increase  tlie  hazards  of  our 
retaining  Oregon  as  part  of  tiu;  United  ^>tatcs,  this  convention  should  be  termi- 
nated. 

What  will  be  the  effect  of  this  notice  ?  I  have  assumed,  in  my  argument,  thai 
our  claim  to  Oregon  is  clear  and  unquestionable  up  to  some  point.  T  have  not 
time  to  review  the  evittences  of  our  tide,  nor  is  it  necessary.  Enouuh  has  beeii 
said  already,  in  this  debate,  on  that  subject.  From  all  the  investigation  which 
I  have  been  able  to  trive  tlie  subject,  I  have  come  to  the  conclusion,  that  if  this 
were  a  new  qm'stntii — what  lawyers  denominate  res  i)itcp;ra — we  would  have 
the  best  title  up  to  .^)  t  ilea".  -10  min.  liut  it  is  not  rrs  intcgra:  it  is.  in  some 
respects,  res  (itljiidtcald :  and  thouijii  there  })e  no  tvil)unal  to  enforce  decisions 
on  nations,  yet  a  decent  respect  to  the  opinion  of  mankind  requires  fairness  and 
justice  in  their  ]">ractice  ami  intercourse.  Siiu'O  1790,  when  the  Nootka  Sound 
Convenlioi\  was  made  with  Spain,  England  has  set  up  claim  lo  riffhts  in  Oreson. 
AVe  have  allowed  iter  to  shave  equal  privileges  in  common  with  ourselves.  By 
solemn  treaty  in  1818.  and  atterwards  in  18v!7,  we  have,  in  some  soi%  recog- 
nise^l  the  existence  of  her  riiihls.  (.)n  repeatetl  occasions  we  have  offered  to 
dividt.'  the  territory  at  the  IHth  deg.  of  north  laiiiudt>.  So.ith  of  this  paralh' 
we  haie  never  cumpromiited  our  riiihts  iiy  an  oder  of  any  kind;  and  to  this  ex- 
tent 1  coitsider  our  title  "clear  and  unquestionable."  I  believe  my  constituents 
uill  never  consent  to  surrender  one  t'oot  south  of  this  line.  Let  war.  with  what- 
ever ilesolation  it  may  brinsi'.  be  the  oidy  remaining  alternative,  still  they  will 
lu'ver  degrade  the  rights  of  the  couniry.  or  bastardize  themselves,  as  the  descen- 
dants of  revoluiioiiar\  sires,  bv  surrenderins:  a  toot  of  soil  to  Great  Britain  which 
is  clearly  our  own.  In  relVretice  to  all  that  has  been  done,  as  well  as  that  such 
an  arrangement  would  give  us  a  straisrlu  line  of  boundarv  from  the  Rocky  moun- 


taii 
sho| 
rei 
11 

calJ 
boll 
of 
me 


ssertion  than  hi 

rossions  plantoi 

hereafter,  som. 

iral  Pitt  beyoni 

that  portion  o 

not  say,  truly. 

5r  without  yoii' 

re  freemen,  am: 

'  learn  to  (lrea(j 

^ve  rannot  give 
!ll  teach  the  set- 
It.  To  be  thr 
istant  Ausoniaii 
inibitious  man. 
if.  then,  M'c 
hazards  of  our 
oukl   be  termi- 

armiment.  thai 
t.  T  fiave  not 
oiiyh  has  been 
iiration  which 
II.  that  if  this 
{'  would  have 
it  ii=.  in  some 
Jrce  decicion.s 

'airness  nnd 
•  ootka  Sound 
ts  in  Ore  (Ton. 
rst'lvoi--.     Ry 
c  sort,  recog-- 
^■e  otlVred  to 
this  i)aralK  ' 
d  to   this  ex- 
oonstitutMits 
■.  with  what- 
ill   they  will 

the  descen- 
ritain  whif^h 
1^  that  such 
ockv  moun- 


1.5 

tains  to  the  .'sea,  I  tliink  it  a  fair  line  of  compromise:  and  furdier,  if  (Ireat  Britain 
should  offer  that  line  to  the  President,  he  is  bound  in  fairness  to  accept  it.  This 
result  the  notice  will  most  proliably  efl'ect. 

liy  in  consequence  ol  the  notice,  war  shall  ensue,  I  shall  rejTard  it  as  a  great 
calamity.  I  believe  that  uothin;^  will  bring  it  upon  us  but  egregious  blunders  on 
bodi  sides;  or  great  and  deliberate  wickedness,  a  total  disregard  of  the  interests 
of  the  riiizens  and  subjects  of  both  nations,  and  an  utter  contempt  for  the  judg- 
in(Mit  of  the  civilized  world.  The  (luestion  should  l)e  settled  bv  negotiation. 
There  will  be  no  war,  uidess  it  is  ])roduced  by  political  blundering  or  political 
sinninir.  I  have  no  fears  respecting  our  Executive;  and  we  have  hostages  from 
(ireal  Ikitaiii.  These  are  her  interests.  liy  these  we  hold  her  to  peace,  and 
bv  these  the  whole  civilized  world  holds  her  to  a  continuance  of  that  peace 
Avliieli  for  thirty  years  she  has  observed.  Not  only  her  foreign  and  commercial 
interests,  l)ut  her  domestic  interests  also,  bind  her  to  peace.  Nations  have  no 
future  siale  of  rewards  and  punishments;  national  sins,  therefore,  if  punished  at 
all,  must  receive  the  c'.astisements  of  (Jod  in  temporal  calamities.  War,  pesti- 
leiu-e,  ami  famine  arc  the  usual  penalties  of  Providem^e  on  national  olVences. 
Civil  war  is  the  usual  penalty  I'or  civil  opjiressioii.  If  (Ireat  Britain  shall  be  so 
unwise  as  to  make  war  upon  us  concerning  this  Oreiion  question,  it  may  possi- 
bly be  the  time  and  occasion  tor  the  Almighty  to  uidiennel  upon  her  the  millions 
slie  has  oppressed  I'or  ages  past,  and  whom  she  still  holds  beneath  her  iron  yoke. 
Thev  will,  in  his  Almighty  hand,  become  the  terrible  instrument  of  avenging 
their  own  wronus  and  those  of  the  oj)pressed  generations  wiio  preceded  them. 
\,ii  her  remenilxT  how  dod  made  the  oppressors  the  victims  of  the  oppressed 
in  I'rance.  and  let  her  tremble.      Peace  is  her  policy;   I  think  she  will  pursue  it. 

'J'here  are  other  toj)ics  connected  with  the  cpieslion  to  which  I  would  be 
pleased  to  advert;  Init  1  see  mv  sand  runs  low. 

Sir,  you,  no  doubt,  reiueinbcr  the  story  in  mythology  which  represents  Time, 
under  t!;e  name  of  Saturn,  as  the  destroyer  of  his  own  children.  We  have  seen  the 
(Jreeian  luvth  practically  ilUistiated  throughout  this  debate.  The  inexoiablo 
hainiiM'r,  in  the  hand  of  'i'lnie's  high-priest — your  worthy  sidl" — has,  hour  after 
hour,  I'alleii  regularly,  as  if  marking  the  mystic  periods  of  sacrifice,  when  victinv 
ai'ter  viciiin,  dressed  in  all  the  wreathes  of  rhetoric's  most  choice  flowers,  has 
been  led  up  to  the  altar,  and,  with  all  his  blushing  honors  thick  upon  him,  has 
been  smitten  down,  amidst  appropriate  rites  and  (;eremonies  observed  by  the 
anxious  worshippers  of  the  same  divinity,  who  siather  round  him  in  his  last 
moments,  and  drown  the  gloomy  wailings  ol'  his  voice,  and  the  sweet  elo(iuence 
of  a  peroration,  in  the  hurried  tumult  and  wild  chorus  of  "Mr.  Chairman,  Mr. 
Chairman."  1  would  spare  myself  from  this  violent  end;  and  submitting  to 
V  hat  is,  beyond  all  doubt,  •'  manifest  destiny,"  I  will  simply  return  my  thanks 
to  the  C'oinmittee  for  their  kind  attention,  and  sacrifice  my  wishes  for  further 
debate  without  waitintr  for  the  formal  kncU  of  vour  hammer. 


